The California decision reinforces a strict approach to assumption of franchise agreements, underscoring potential roadblocks for franchisee reorganizations.
Even where a debtor is not assigning a franchise agreement,...more
12/11/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
California ,
Commercial Bankruptcy ,
Consent ,
Corporate Counsel ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Intellectual Property Protection ,
Lanham Act ,
Reorganizations ,
Trademarks
The Coronavirus Aid, Relief and Economic Security (CARES) Act temporarily expands eligibility for “small businesses” to reorganize under chapter 11 over creditor objection under a new law that streamlines chapter 11...more
Dedication language is critical in determining whether a gathering agreement creates a covenant running with the land.
Midstream companies now have a roadmap for ensuring that a debtor remains subject to a midstream...more
Citing duty to obey the board’s lawful instructions, the Seventh Circuit rejects breach of fiduciary duty claims under Indiana law against bankrupt bank holding company’s former officers.
Corporate officers of a distressed...more
9/21/2018
/ Board of Directors ,
Breach of Duty ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Officers ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Institutions ,
Reporting Requirements ,
Subsidiaries ,
Written Agreements
Bad news for midstream counterparties of bankrupt oil & gas producers: you may not be able to rely (as much as you might have expected) on covenants “running with the land” to save your contracts from rejection in...more